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DC Moving Towards Legalizing Marijuana

In early March, the D.C. Council passed a bill to decriminalize the possession of marijuana. This bill moves possession from a crime (that would go on your record) to a civil offense with a fine of $25.00. However, the bill keeps public consumption of marijuana a criminal offense, as well as the sale of marijuana.

The tension, of course, is that possession is still a crime under federal law. So possession of marijuana on the National Mall, which is federal land, would still be a crime. Possession of marijuana in public housing in the District would still be a crime. Furthermore, there are other gray areas in the bill. For instance, police officers can make an arrest for the sight of marijuana smoke, but not the smell.

The obvious question is this: if possession is not a crime, but smoking in public or selling marijuana remains a crime, what is the point? Why would an individual possess marijuana if not to smoke or sell? Proponents of the bill argue that decriminalization is just a first step, and they are advocating the sale and taxation of marijuana in the future. Only time will tell.

Contact Khadilkar Law today for a consultation.

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